A. 
In this Charter, the following words shall have the meanings indicated:
BLIGHTED AREA
An area in which a majority of buildings have declined in productivity by reason of obsolescence, depreciation or other causes to an extent they no longer justify fundamental repairs and adequate maintenance.
BONDS
Any bonds (including refunding bonds), notes, interim certificates, certificates of indebtedness, debentures or other obligations.
FEDERAL GOVERNMENT
The United States of America or any agency or instrumentality, corporate or otherwise, of the United States of America.
MUNICIPALITY
A municipality corporation of this state.
PERSON
Any individual, firm, partnership, corporation, company, association, joint-stock association or body politic. It includes any trustee, receiver, assignee or other person acting in similar representative capacity.
SLUM AREA
Any area where dwellings predominate which, by reason of depreciation, overcrowding, faulty arrangement or design, lack of ventilation, light or sanitary facilities, or any combination of these factors, are detrimental to the public safety, health or morals.
URBAN RENEWAL AREA
A slum area or blighted area, or combination of them, which the municipality designates as appropriate for an urban renewal project.
URBAN RENEWAL PLAN
A plan, as it exists from time to time, for an urban renewal project. The plan shall be sufficiently complete to indicate whatever land acquisition, demolition and removal of structures, redevelopment, improvements and rehabilitation as may be proposed to be carried out in the urban renewal area, zoning and planning changes, if any, land uses, maximum density and building requirements.
URBAN RENEWAL PROJECT
Undertakings and activities of a municipality in an urban renewal area for the elimination and for the prevention of the development or spread of slums and blight, and may involve slum clearance and redevelopment in an urban renewal area or rehabilitation or conservation in an urban renewal area or any combination or part of them in accordance with an urban renewal plan. These undertakings and activities may include:
(1) 
Acquisition of a slum area or blighted area or portion of them.
(2) 
Demolition and removal of buildings and improvements.
(3) 
Installation, construction or reconstruction of streets, utilities, parks, playgrounds and other improvements necessary for carrying out the urban renewal objectives of this article in accordance with the urban renewal plan.
(4) 
Disposition of any property acquired in the urban renewal area, including sale, initial leasing or retention by the municipality itself, at its fair value for uses in accordance with the urban renewal plan.
(5) 
Carrying out plans for a program of voluntary or compulsory repair and rehabilitation of buildings or other improvements in accordance with the urban renewal plan.
(6) 
Acquisition of any other real property in the urban renewal area where necessary to eliminate unhealthful, unsanitary or unsafe conditions, lessen density, eliminate obsolete or other uses detrimental to the public welfare or otherwise to remove or prevent the spread of blight or deterioration or to provide land for needed public facilities.
(7) 
The preservation, improvement or embellishment of historic structures or monuments.
B. 
In addition to the definition of blighted and slum area as contained in § C13-1 of the Town of Denton Charter, slum and blight shall be further defined as follows: An area is to be determined slum and blight if it shows objectively determinable signs of physical deterioration or dilapidated buildings and/or public facilities. Physical deterioration of buildings includes loosened brick joints, peeling paint, broken windows, vacant buildings, cracked walls and foundations, lack of adequate fire exits, faulty or non-existing smoke detectors, structural flaws, unsafe porches or steps, and any other fire and safety hazards. Deterioration of public facilities includes cracked, broken and non-existing sidewalks and curbs; oversized sidewalks which are inconsistent in size and create small congested traffic lanes; non-existing, rusted or broken street lights and poles, which are poorly located and do not provide adequate lighting for pedestrians; old wiring in which the exterior casing is cracking or missing, creating exposed areas of wire; the lack of adequate drainage which creates flooding of streets and buildings; tree plantings which rise above the sidewalk creating hazards for pedestrians and vehicle parking; deteriorated, broken and poorly located benches and trash receptacles; and any fire and safety hazards. An area is considered slum and blight if 25% of the buildings and/or public facilities are deteriorated in accordance with the above standards.
[Added 7-1-1996 by Res. No. 353]
A. 
Grant. The municipality may undertake and carry out urban renewal projects.
B. 
Limitation. These projects shall be limited:
(1) 
To slum clearance in slum or blighted areas and redevelopment or the rehabilitation of slum or blighted areas.
(2) 
To acquire in connection with those projects, within the corporate limits of the municipality, land and property of every kind and any right, interest, franchise, easement or privilege, including land or property and any right or interest already devoted to public use, by purchase, lease, gift, condemnation or any other legal means.
(3) 
To sell, lease, convey, transfer or otherwise dispose of any of the land or property, regardless of whether or not it has been developed, redeveloped, altered or improved and irrespective of the manner or means in or by which it may have been acquired, to any private, public or quasi-public corporation, partnership, association, person or other legal entity.
C. 
Eminent domain; just compensation. Land or property taken by the municipality for any of these purposes or in connection with the exercise of any of the powers which are granted by this article to the municipality by exercising the power of eminent domain may not be taken without just compensation, as agreed upon between the parties or awarded by a jury, being first paid or tendered to the party entitled to the compensation.
D. 
Same; public purpose. All land or property needed or taken by the exercise of the power of eminent domain by the municipality for any of these purposes or in connection with the exercise of any of the powers granted by this article is declared to be needed or taken for public uses and purposes.
E. 
Governmental functions. Any or all of the activities authorized pursuant to this article constitute governmental functions undertaken for public uses and purposes and the power of taxation may be exercised, public funds expended and public credit extended in furtherance of them.
[Amended 10-30-1984 by Res. No. 327]
The municipality has the following additional powers. These powers are declared to be necessary and proper to carry into full force and effect the specific powers granted in this article and to fully accomplish the purposes and objects contemplated by the provisions of this section:
A. 
To make or have made all surveys and plans necessary to the carrying out of the purposes of this article and to adopt or approve, modify and amend those plans. These plans may include, but are not limited to:
(1) 
Plans for carrying out a program of voluntary or compulsory repair and rehabilitation of buildings and improvements.
(2) 
Plans for the enforcement of codes and regulations relating to the use of land and the use and occupancy of buildings and improvements and to the compulsory repair, rehabilitation, demolition or removal of buildings and improvements.
(3) 
Appraisals, title searches, surveys, studies and other plans and work necessary to prepare for the undertaking of urban renewal projects and related activities and to apply for, accept and utilize grants of funds from the federal government or other governmental entity for those purposes.
B. 
To prepare plans for the relocation of persons (including families, business concerns and others) displaced from an urban renewal area and to make relocation payments to or with respect to those persons for moving expenses and losses of property for which reimbursement or compensation is not otherwise made, including the making of payments financed by the federal government.
C. 
To appropriate whatever funds and make whatever expenditures as may be necessary to carry out the purposes of this article, including, but not limited to:
(1) 
The payment of any and all costs and expenses incurred in connection with, or incidental to, the acquisition of land or property, and for the demolition, removal, relocation, renovation or alteration of land, buildings, streets, highways, alleys, utilities or services, in connection with urban renewal projects.
(2) 
Levying taxes and assessments for those purposes.
(3) 
Borrowing money and applying for and accepting advances, loans, grants, contributions and any other form of financial assistance from the federal government, the state, county or other public bodies, or from any sources, public or private, for the purposes of this article, and giving whatever security as may be required for this financial assistance.
(4) 
Investing any urban renewal funds held in reserves or sinking funds or any of these funds not required for immediate disbursement in property or securities which are legal investments for other municipal funds.
D. 
To hold, improve, clear or prepare for redevelopment any property acquired in connection with urban renewal projects.
E. 
To mortgage, pledge, hypothecate or otherwise encumber that property.
F. 
To insure or provide for the insurance of the property or operations of the municipality against any risks or hazards, including the power to pay premiums on any such insurance.
G. 
To make and execute all contracts and other instruments necessary or convenient to the exercise of its powers under this article, including the power to enter into agreements with other public bodies or agencies (these agreements may extend over any period, notwithstanding any provision or rule of law to the contrary) and to include in any contract for financial assistance with the federal government for or with respect to an urban renewal project and related activities whatever conditions imposed pursuant to federal laws as the municipality considers reasonable and appropriate.
H. 
To enter into any building or property in any urban renewal area in order to make inspections, surveys, appraisals, soundings or test borings, and to obtain an order for this purpose from the Circuit Court for the county in which the municipality is situated in the event entry is denied or resisted.
I. 
To plan, replan, install, construct, reconstruct, repair, close or vacate streets, roads, sidewalks, public utilities, parks, playgrounds and other public improvements in connection with an urban renewal project and to make exceptions from building regulations.
J. 
To generally organize, coordinate and direct the administration of the provisions of this article as they apply to the municipality in order that the objective of remedying slum and blighted areas and preventing its causes within the municipality may be promoted and achieved most effectively.
K. 
To exercise all or any part or combination of the powers granted in the article.
A. 
Municipal powers. A municipality may itself exercise all the powers granted by this Charter, or may, if its legislative body by ordinance determines the action to be in the public interest, elect to have the powers exercised by a separate public body or agency.
B. 
Public body. In the event the legislative body makes that determination, it shall proceed by ordinance to establish a public body or agency to undertake in the municipality the activities authorized by this Charter.
C. 
Same; members. The ordinance shall include provisions establishing the number of members of the public body or agency, the manner of their appointment and removal and the terms of the members and their compensation.
D. 
Additional provisions. The ordinance may include whatever additional provisions relating to the organization of the public body or agency as may be necessary.
E. 
Powers vested in public body. In the event the legislative body enacts this ordinance, all of the powers by this article granted to the municipality, from the effective date of the ordinance, are vested in the public body or agency established by the ordinance.
[Amended 10-30-1984 by Res. No. 327]
The agency may not:
A. 
Pass a resolution to initiate an urban renewal project pursuant to §§ C13-2 and C13-3.
B. 
Issue general obligation bonds pursuant to § C13-9 of this Charter.
C. 
Have the power to appropriate funds and to levy taxes and assessments pursuant to § C13-3 of this Charter.
In order to initiate an urban renewal project, the legislative body of the municipality shall adopt a resolution which:
A. 
Finds that one or more slum or blighted areas exist in the municipality.
B. 
Locates and defines the slum or blighted area.
C. 
Finds that the rehabilitation or redevelopment, or a combination of them, of the area or areas, is necessary and in the interest of the public health, safety, morals or welfare of the residents of the municipality.
A. 
Preparation; procedure. In order to carry out the purposes of this article, the municipality shall have prepared an urban renewal plan for slum or blighted areas in the municipality and shall approve the plan formally. Prior to its approval of an urban renewal project, the municipality shall submit the plan to the planning body of the municipality for review and recommendations as to its conformity with the Master Plan for the development of the municipality as a whole. The planning body shall submit its written recommendation with respect to the proposed urban renewal plan to the municipality within 60 days after receipt of the plan for review. Upon receipt of the recommendations of the planning body or, if no recommendations are received within 60 days, then without the recommendations, the municipality may proceed with a public hearing on the proposed urban renewal project. The municipality shall hold a public hearing on an urban renewal project after public notice of it by publication in a newspaper having a general circulation within the corporate limits of the municipality. The notice shall describe the time, date, place and purpose of the hearing; shall generally identify the urban renewal area covered by the plan; and shall outline the general scope of the urban renewal project under consideration. Following the hearing, the municipality may approve an urban renewal project and the plan therefor if it finds that:
[Amended 10-30-1984 by Res. No. 327]
(1) 
A feasible method exists for the location of any families or natural persons who will be displaced from the urban renewal area in decent, safe and sanitary dwelling accommodations within their means and without undue hardship to the families or natural persons.
(2) 
The urban renewal plan conforms substantially to the Master Plan of the municipality as a whole.
(3) 
The urban renewal plan will afford maximum opportunity, consistent with the sound needs of the municipality as a whole, for the rehabilitation or redevelopment of the urban renewal area by private enterprise.
B. 
Modification of plan. An urban renewal plan may be modified at any time. If modified after the lease or sale of real property in the urban renewal project area, the modification may be conditioned upon whatever approval of the owner, lessee or successor in interest as the municipality considers advisable. In any event, it shall be subject to whatever rights at law or in equity as a lessee or purchaser, or his successor or successors in interest, may be entitled to assert. Where the proposed modification will change substantially the urban renewal plan as approved previously by the municipality, the modification shall be approved formally by the municipality as in the case of an original plan.
C. 
Same; effect. Upon the approval by the municipality of an urban renewal plan or of any modification of it, the plan or modification shall be considered to be full force and effect for the respective urban renewal area. The municipality may have the plan or modification carried out in accordance with its terms.
A. 
Powers of municipality. The municipality may sell, lease or otherwise transfer real property or any interest in it acquired by it for an urban renewal project to any person for residential, recreational, commercial, industrial, educational or other uses or for public use or it may retain the property or interest for private use, in accordance with the urban renewal plan and subject to whatever covenants, conditions and restrictions, including covenants running with the land, as it considers necessary or desirable to assist in preventing the development or spread of future slums or blighted areas or to otherwise carry out the purposes of this article. The purchasers or lessees and their successors and assigns shall be obligated to devote the real property only to the uses specified in the urban renewal plan and may be obligated to comply with whatever other requirements the municipality determines to be in the public interest, including the obligation to begin within a reasonable time any improvements on the real property required by the urban renewal plan. The real property or interest may not be sold, leased, otherwise transferred or retained at less than its fair value for uses in accordance with the urban renewal plan. In determining the fair value of real property for uses in accordance with the urban renewal plan, the municipality shall take into account and give consideration to the uses provided in the plan; the restrictions upon, and the covenants, conditions and obligations assumed by, the purchaser or lessee or by the municipality retaining the property; and the objectives of the plan for the prevention of the recurrence of slum or blighted areas. In any instrument of conveyance to a private purchaser or lessee, the municipality may provide that the purchaser or lessee may not sell, lease or otherwise transfer the real property without the prior written consent of the municipality until he has completed the construction any or all improvements which he has obligated himself to construct on the property. Real property acquired by the municipality which, in accordance with the provisions of the urban renewal plan is to be transferred, shall be transferred as rapidly as feasible in the public interest consistent with the carrying out of the provisions of the urban renewal plan. Any contract for the transfer and the urban renewal plan (or whatever part or parts of the contract or plan as the municipality determines) may be recorded in the Land Records of the county in which the municipality is situated in a manner so as to afford actual or constructive notice of it.
B. 
Temporary operations. The municipality may operate temporarily and maintain real property acquired by it in an urban renewal area for or in connection with an urban renewal project pending the disposition of the property as authorized in this article, without regard to the provisions of Subsection A, for uses and purposes considered desirable even though not in conformity with the urban renewal plan.
[Amended 10-30-1984 by Res. No. 327]
C. 
Effect of legal instrument. Any instrument executed by the municipality and purporting to convey any right, title or interest in any property under this article shall be presumed conclusively to have been executed in compliance with the provisions of this article insofar as title or other interest of any bona fide purchasers, lessees or transferees of the property is concerned.
Condemnation of land or property under the provisions of this article shall be in accordance with the procedure provided in the Real Property Article of the Annotated Code of Maryland.[1]
[1]
Editor's Note: See § 12-101 et seq. of the Real Property Article.
The municipality, to the extent it determines to be feasible in carrying out the provisions of this article, shall afford maximum opportunity to the rehabilitation or redevelopment of any urban renewal area by private enterprise consistent with the sound needs of the municipality as a whole. The municipality shall give consideration to this objective in exercising its powers under this article.
For the purpose of financing and carrying out of an urban renewal project and related activities, the municipality may issue and sell its general obligation bonds. Any bonds issued by the municipality pursuant to this section shall be issued in the manner and within the limitations prescribed by applicable law for the issuance and authorization of general obligation bonds by the municipality and also within limitations determined by the municipality.
A. 
Issue; procedure. In addition to the authority conferred by § C13-2 of this article, the municipality may issue revenue bonds to finance the undertaking of any urban renewal project and related activities. Also, it may issue refunding bonds for the payment or retirement of the bonds issued previously by it. The bonds shall be made payable, as to both principal and interest, solely from the income, proceeds, revenues and funds of the municipality derived from or held in connection with its undertaking and carrying out of urban renewal projects under this article. However, payment of the bonds, both as to principal and interest, may be further secured by a pledge of any loan, grant or contribution from the federal government or other source, in aid of any urban renewal projects of the municipality under this article, and by a mortgage of any urban renewal project or any part of a project, title to which is in the municipality. In addition, the municipality may enter into an indenture of trust with any private banking institution of this state having trust powers and may make in the indenture of trust covenants and commitments required by any purchaser for the adequate security of the bonds.
[Amended 10-30-1984 by Res. No. 327]
B. 
Provisions; effect. Bonds issued under this section do not constitute an indebtedness within the meaning of any constitutional or statutory debt limitation or restriction, are not subject to the provisions of any other law or charter relating to the authorization, issuance or sale of bonds, and are exempted specifically from the restrictions contained in §§ 9, 10 and 11 of Article 31 (Debts--Public) of the Annotated Code of Maryland. Bonds issued under the provisions of this section are declared to be issued for an essential public and governmental purpose and, together with interest on them and income from them, are exempt from all taxes.
C. 
Issue; form. Bonds issued under this section shall be authorized by resolution or ordinance of the legislative body of the municipality. They may be issued in one or more series and shall:
(1) 
Bear a date or dates.
(2) 
Mature at a time or times.
(3) 
Bear interest at rate or rates.
(4) 
Be in a denomination or denominations.
(5) 
Be in a form either with or without coupon or registered.
(6) 
Carry a conversion or registration privilege.
(7) 
Have a rank or priority.
(8) 
Be executed in a manner.
(9) 
Be payable in a medium or payment, at a place or places and be subject to terms of redemption (with or without premium).
(10) 
Be secured in a manner.
(11) 
Have other characteristics, as are provided by the resolution, trust indenture or mortgage issued pursuant to it.
D. 
Sale. These bonds may not be sold at less than par value at public sales which are held after notice is published prior to the sale in a newspaper having a general circulation in the area in which the municipality is located and in whatever other medium of publication as the municipality may determine. The bonds may be exchanged also for other bonds on the basis of par. However, the bonds may not be sold to the federal government at private sale at less than par, and, in the event that fewer than all of the authorized principal amount of the bonds are sold to the federal government, the balance may not be sold at private sale at less than par at an interest cost to the municipality which does not exceed the interest cost to the municipality of the portion of the bond sold to the federal government.
E. 
Signatures. In case of any of the public officials of the municipality whose signatures appear on any bonds or coupons issued under this section cease to be officials of the municipality before the delivery of the bond or, in the event any of the officials have become such after the date of issue of them, the bonds are valid and binding obligations of the municipality in accordance with their terms. Any provision of any law to the contrary notwithstanding, any bonds issued pursuant to this section are fully negotiable.
F. 
Purpose of issue. In any suit, action or proceeding involving the validity or enforceability of any bond issued under this section or the security for it, any bond which recites in substance that it has been issued by the municipality in connection with an urban renewal project shall be considered conclusively to have been issued for that purpose, and the project shall be deemed conclusively considered to have been planned, located and carried out in accordance with the provisions of this article.
G. 
Investments. All banks, trust companies, bankers, savings banks and institutions, building and loan associations, savings and loan associations, investment companies and other persons carrying on a banking or investment business; all insurance companies, insurance associations and other persons carrying on an insurance business; and all executors, administrators, curators, trustees and other fiduciaries, may legally invest any sinking funds, moneys or other funds belonging to them or within their control in any bonds or other obligations issued by the municipality pursuant to this section. However, the bonds and other obligations shall be secured by an agreement between the issuer and the federal government in which the issuer agrees to borrow from the federal government, and the federal government agrees to lend to the issuer, prior to the maturity of the bonds or other obligations, moneys in an amount which (together with any other moneys committed irrevocably to the payment of principal and interest on the bonds or other obligations) will suffice to pay the principal of the bonds or other obligations with interest to maturity on them. The moneys under the terms of the agreement shall be required to be used for the purpose of paying the principal of and the interest on the bonds or other obligations at their maturity. The bonds and other obligations shall be authorized security for all public deposits. This section authorizes any persons or public or private political subdivisions and officers to use any funds used or controlled by them for the purchase of any bonds or other obligations. With regard to legal investments, this section may not be construed to relieve any person of any duty of exercising reasonable care in selecting securities.